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Rape

s.1Sexual Offences Act 2003

Intentionally penetrating the vagina, anus or mouth of another person with the penis, without their consent and without a reasonable belief that they consent.

Rape · Sexual Offences Act 2003, s.1Card 90 / 85

Points to prove

Intentionally penetrated
The vagina, anus or mouth of another person (B)
With his penis
B did not consent to the penetration
The defendant did not reasonably believe that B consented

Key definitions

Consent – s.74: a person consents if they agree by choice, and have the freedom and capacity to make that choice.
Reasonably believe – s.1(2): judged having regard to all the circumstances, including any steps the defendant took to find out whether B consented.
Penetration – s.79(2): a continuing act from entry to withdrawal. Consent given at the start can be withdrawn, and continuing after that is penetration without consent.
Vagina – s.79(9): includes the vulva.
Part of the body – s.79(3): includes a part surgically constructed (for example, through gender reassignment surgery).
Evidential presumptions – s.75: if the defendant did the act, one of the listed circumstances existed and the defendant knew it existed, B is taken not to have consented and the defendant is taken not to have reasonably believed it, unless sufficient evidence is raised to put it in issue. The circumstances include violence or the fear of immediate violence (to B or another), B being unlawfully detained, B being asleep or otherwise unconscious, B being unable to communicate consent because of physical disability, and B having been given a substance capable of stupefying or overpowering them without their consent.
Conclusive presumptions – s.76: if the defendant intentionally deceived B about the nature or purpose of the act, or induced consent by impersonating someone known personally to B, it is conclusively presumed that B did not consent and that the defendant did not believe B consented. This cannot be rebutted.

Good to know

Only a man (or a person with a surgically constructed penis) can commit rape as the principal. Others can be guilty as accessories.
Where B is under 13, the offence is rape of a child under 13 under s.5. Consent is irrelevant and the maximum is also life.
A person who is very drunk may lack the capacity to consent, but if they still have capacity and agree, it is not rape (R v Bree 2007).
s.76 is applied narrowly. Lies about matters other than the nature or purpose of the act usually fall under s.74 instead (R v Jheeta 2007).

Legislation: Sexual Offences Act 2003, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment